1.) Importance of Reading through this entire document These terms of service are not the usual yada-yada-yada, so it is to your benefit to take out time to read through it before signing up for our services. It will save everyone headache in the future and ensure our relationship is a smooth one. 2.) Content All services provided by NetRegit / Netorb Media may only be used for lawful purposes. The laws of the Federal Republic of Nigeria apply. The customer agrees to indemnify and hold harmless NetRegit / Netorb Media from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@netorb.net.ng with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on hosting accounts include: * Topsites * IRC Scripts/Bots * Proxy Scripts/Anonymizers * Pirated Software/Warez * Image Hosting Scripts (similar to Photobucket or Tinypic) * AutoSurf/PTC/PTS/PPC sites * IP Scanners * Bruteforce Programs/Scripts/Applications * Mail Bombers/Spam Scripts * Banner-Ad services (commercial banner ad rotation) * File Dump/Mirror Scripts (similar to rapidshare) * Commercial Audio Streaming (more than one or two streams) * Escrow/Bank Debentures * High-Yield Interest Programs (HYIP) or Related Sites * Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) * Sale of any controlled substance without prior proof of appropriate permit(s) * Prime Banks Programs * Lottery Sites * MUDs/RPGs/PPBGs * Hateful/Racist/Harassment oriented sites * Hacker focused sites/archives/programs * Sites promoting illegal activities * Forums and/or websites that distribute or link to warez/pirated/illegal content * Bank Debentures/Bank Debenture Trading Programs * Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) * Mailer Pro NetRegit / Netorb Media services, including all related equipment, networks and network devices are provided only for authorized customer use. NetRegit / Netorb Media systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of NetRegit / Netorb Media system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@netorb.net.ng and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Any site found to host pornography of any kind of sexually explicit content will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. 3.) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. NetRegit / Netorb Media reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. NetRegit / Netorb Media reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of NetRegit / Netorb Media . 4.) Payment Information You agree to supply appropriate payment for the services received from NetRegit / Netorb Media , in advance of the time period during which such services are provided. You agree that until and unless you notify NetRegit / Netorb Media of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of NetRegit / Netorb Media , it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. NetRegit / Netorb Media provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a N1,500 late fee and/or an account suspension until account balance has been paid in full. NetRegit / Netorb Media reserves the right to change the monthly payment amount and any other charges at anytime. Payments are non-refundable. 5.) Backups and Data Loss Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. NetRegit / Netorb Media is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on NetRegit / Netorb Media servers. 6.) Cancellations and Refunds NetRegit / Netorb Media reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Payments are non-refundable. 7. Resource Usage User may not: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") 7b.) INODES The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here. 8.) Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. 9.) Uptime Guarantee If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of NetRegit / Netorb Media dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@NetRegit / Netorb Media .com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. 10.) Reseller: Client Responsibility Resellers are responsible for supporting their clients. NetRegit / Netorb Media does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. NetRegit / Netorb Media will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. 11.) Price Change The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on NetRegit / Netorb Media .com, and the right to increase the amount of resources given to plans at any time. 12.) Indemnification Customer agrees that it shall defend, indemnify, save and hold NetRegit / Netorb Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NetRegit / Netorb Media , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless NetRegit / Netorb Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NetRegit / Netorb Media ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from NetRegit / Netorb Media 's server. 13.) Arbitration By using any NetRegit / Netorb Media services, you agree to submit to binding arbitration. If any disputes or claims arise against NetRegit / Netorb Media or its subsidiaries, such disputes will be handled by an arbitrator of NetRegit / Netorb Media 's choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. 14.) Disclaimer NetRegit / Netorb Media shall not be responsible for any damages your business may suffer. NetRegit / Netorb Media makes no warranties of any kind, expressed or implied for services we provide. NetRegit / Netorb Media disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by NetRegit / Netorb Media and its employees. 15.) Disclosure to law enforcement NetRegit / Netorb Media may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. 16.) Changes to the TOS NetRegit / Netorb Media reserves the right to revise its policies at any time without notice.